The Psychology of Victimhood in the Law

Questions of blame and punishment hinge on judgments of victimhood: who is a victim and who is a victimizer? The law presumes that we judge victimhood objectively, but science shows that victimhood relies more on biased perceptions than impartial facts. The disconnect between victimhood in the law versus victimhood in our minds undermines the quest for justice. In this review, we outline three psychological principles of victimhood and the trouble they cause in the judicial system, before proposing solutions to correct biases in victim perception. Principle One: Victimhood is subjective—legal judgments hinge on who seems like a victim. Principle Two: Victimhood is stereotypical—who seems like a victim is biased, people easily accept the victimization of the vulnerable (e.g., child abuse) but not the more powerful (e.g., spousal abuse towards men). Principle Three: Victimhood is sticky—once we identify the victim (or victimizer) in a situation, it is hard to change our minds. Failing to appreciate these principles leads to distrust of the law, denials of true suffering, and continued condemnation of the exonerated. Potential solutions involve victim impact statements, restorative justice, and acknowledgments of legal errors. Understanding the true nature of victimhood is essential for a fair legal system.